The right to health care in the EU legal system

Issue: № 4, 2024

Doi: https://doi.org/10.37634/efp.2024.4.4

Introduction. The right to health care stands as a cornerstone of societal well-being, ensuring that individuals have access to essential medical services and treatments necessary for a healthy life. Within the European Union (EU), this right intersects with a complex legal landscape shaped by treaties, directives, and evolving jurisprudence. This paper explores the multifaceted dimensions of the right to health care within the EU legal system, examining its foundations, the instruments employed to uphold it, and the challenges encountered in its implementation. The purpose of the paper is to provide a comprehensive examination of the right to health care within the legal framework of the European Union (EU). By delving into the foundational principles, legal instruments, and challenges surrounding health care access in the EU, this paper aims to elucidate the complexities inherent in ensuring universal access to medical services within a supranational context. Results. The paper presents a detailed analysis of the legal framework surrounding the right to health care within the European Union. It identifies key EU treaties, directives, and regulations that establish the legal basis for health care rights and examines their implications for member states' health care systems. The paper explores the impact of the European Charter on Fundamental Rights on health care policies and practices across EU member states Conclusion. This paper sheds light on the complex interplay between European Union law and the provision of health care services across member states. Through a detailed examination of EU treaties, directives, and regulations, as well as relevant case law, the paper highlights the legal framework underpinning the right to health care within the EU.

Keywords : European Union, health care, right to health, EU legal system, European Charter on Fundamental Rights, patient mobility, cross-border health care, health equity, access to care, member states, jurisprudence, solidarity, subsidiarity, human rights

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